• Mentally disabled during tenure of service

Sir,my father has been serving as a defence civilian employee in Indian air force since 33 years,he is due to retire in 2019.In 2014 my mother died due to which he has been in depression and become little mentally unstable. He has not got a single promotion in his entire career which is also a cause of his mental agony.He is undergoing treatment and is behaving perfectly fine except in office related matters where he refuses to cooperate.The officials at his office have ordered a medical enquiry at CMO office.please tell me how can we save his service as we still are financially dependant on him.
Asked 9 months ago in Labour from Allahabad, Uttar Pradesh
1. You shall have to get himself cured or at least regain his working stability to conduct normal office work,

2. Direction for appearing before the medical board has already been issued upon him for which he has to appear before them to be examined,

3. Contact a local psychiatrist for guidance to prepare him to face the medical board,

4. If he is found unfit, his services will be terminated on medical ground and every thing now depends on the report of the said medical board.  
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1. Has the date for appearing for medical enquiry been already fixed?

2. If yes, ask your father to write to the Medical Board to fix a date after 1 month,

3. Let him appear after 1 month tp prove that he has the working capability before the Medical Board,

4. He will be entitled to draw his pension after being discharged from duty on medical ground basing on his last drawn salary and year of completion of his service.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1) since your father has worked for 33 years as defence employee and is suffering from depression on account of mother death his services would not be terminated . 

2) further psychiatrist has opined that he would regain his working capability in one month 

3) wait for medical report 
Ajay Sethi
Advocate, Mumbai
23264 Answers
1219 Consultations
5.0 on 5.0
If it is proved that he is mentally unsound and this has impaired his efficiency as a service personnel then he can be prematurely retired in accordance with the rules. At this stage he should wait for the result of enquiry. The report of enquiry and subsequent action taken against him, if any, may be suitably assailed before the appropriate legal forum.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0

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